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SJC moved against CJP over ‘misuse’ of suo motu powers
A reference of misconduct was filed in the Supreme Judicial Council (SJC) against Chief Justice Mian Saqib Nisar on Friday. A 70-page reference making the CJP respondent was filed by Pakistan Muslim League-Nawaz (PML-N) leader and former chairman of the Evacuee Trust Property Board (ETPB) Siddiq-ul-Farooq under Article 209 of the constitution. The reference alleged […]
A reference of misconduct was filed in the Supreme Judicial Council (SJC) against Chief Justice Mian Saqib Nisar on Friday. A 70-page reference making the CJP respondent was filed by Pakistan Muslim League-Nawaz (PML-N) leader and former chairman of the Evacuee Trust Property Board (ETPB) Siddiq-ul-Farooq under Article 209 of the constitution.
The reference alleged that the respondent has ignored the principle of trichotomy of power enshrined in the constitution and has misused suo motu powers under Article 184(3) of the constitution by interfering not only in the purely executive matters but also in the matters falling in the domain of legislature – parliament, provincial assemblies and the municipal bodies.
It alleged that the chief justice is committing serious misconduct by humiliating and insulting various people when they appear before him for hearing of their cases and is also interfering in the constitutional governance.
In his reference, Siddiq-ul-Farooq alleged that the respondent (CJP) becomes complainant, judge and the executioner in the proceeding initiated him by him under Article 184(3) of the constitution.”The behaviour and similar provisions in similar jurisdiction are never misused like this,” the reference maintains, adding that most of the incidences took place during the court proceedings, therefore there was no need of any evidence.
The reference urged the SJC to rise to the occasion and call for recordings of various hearings and decide the matter in the interest of court, people, country and justice so that the people may know that accountability is not only for politicians and civil servants but the judges are also not free from legal and moral limitations and they also need to observe a sober demeanor and display dignified behaviour.
The reference stated that in violation of the fundamental principles of constitution and oath of office, the chief justice has encroached upon the powers and functions of the legislature and the executive arms of the state.
“The respondent by his continuous unconstitutional interference and misconduct has severely impeded and obstructed the chosen representative of the people in discharge of their duties and performance,” it claimed.
The reference said the respondent has also obstructed the performance of the business of governments and ridiculed the parliamentarians, officials and several litigants. In the reference, Siddiq-ul-Farooq stated that he is a witness to unjustified interference of the respondent in the provinces, particularly in Punjab, which resulted in difficulties for the government and the province.
He said in view of these facts, he is compelled to file the reference before the Supreme Judicial Council for initiation of proceedings against the CJP under Article 209 of constitution. He said the incumbent chief justice has violated his oath of office by contravening various provisions of code of conduct, including the Preamble and articles II, III IV, V IX and X.
He said the respondent’s extremely rude, insulting and arrogant behaviour towards litigants and public servants is also far below the standards of behaviour prescribed in Article II of the code of conduct for judges of superior courts. The reference also seeks probe into allegations of bribe leveled by contractor Shakir Ali against the respondent.
Published in Daily Times, June 30th 2018.
